A city court Tuesday dropped cheating charges against caretaker of the L-18 Batla House flat where two suspected militants were killed in an encounter in 2008. Additional Sessions Judge Raj Kumar Tripathi set aside a magistrate court order of November 8, 2016, that had asked police to frame charges against Abdul Rehman under Section 420 (cheating) of the IPC. “The order for framing of charges against (Rehman)… is not sustainable in the eyes of law, therefore the impugned order (of the magistrate) is set aside,” said the judge.
Rehman, a stenographer in Ghaziabad, was accused by the flat owner, Mohsin Nissar, of forging his signature in the lease deed, while giving the flat to the two suspected terrorists on rent. “There is not enough material to suggest that it was (Rehman) who fraudulently and dishonestly induced the complainant to hand over the premises,” said the order.
The magistrate court had dropped forgery charges against Rehman, observing that “prosecution prima facie failed to show on record that the rent agreement was forged by Rehman”. The court observed that the original rent agreement was never brought on record. Rehman was arrested on September 21, 2008, and released on bail in November the same year.
Police said he had let out the flat to “terrorists” who carried out serial blasts in the capital on September 13, 2008, in which at least 30 people were killed and over 100 injured. The Batla House gunfight took place on September 19, 2008, a week after the serial blasts.
Of the five, who were residing in the flat, Atif Ameen and Mohd Sajid were killed during the shootout, Ariz Khan alias Junaid had been declared a proclaimed offender, while Mohd Saif was not made an accused in this case, as, according to the prosecution, he had surrendered peacefully and had not played any part in the entire incident.